SB3997 101ST GENERAL ASSEMBLY

LRB101 21536 LNS 72353 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3997

Introduced 5/22/2020, by Sen. Ram Villivalam

SYNOPSIS AS INTRODUCED:

225 ILCS 317/30
225 ILCS 317/35
225 ILCS 317/50

Amends the Fire Sprinkler Contractor Licensing Act. Provides that any individual who performs inspection and testing of existing fire sprinkler systems and control equipment must possess a photo identification card issued by the State Fire Marshal as proof that the individual is in compliance with the Act. Provides that all inspections and testing of fire sprinkler systems and control equipment must be recorded on an inspection report or testing form. Provides that all fire sprinkler systems, upon completion of inspection and testing, must be affixed with a preprinted label bearing the name of the person performing the inspection and the license number of the licensee performing the inspection. Provides that a copy of the inspection report must be forwarded by the entity performing the inspection to the Office of the State Fire Marshal. Provides that the fees for an inspection form and photo identification card shall be determined by the State Fire Marshal by rule. Provides that the State Fire Marshal has the power and duty to establish a database of all fire sprinkler systems, inspection records, and persons involved in the inspection or testing of existing fire sprinkler systems or control equipment. Effective January 1, 2021.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Fire Sprinkler Contractor Licensing Act is amended by changing Sections 30, 35, and 50 as follows:

(225 ILCS 317/30)

(Text of Section before amendment by P.A. 101-626)

Sec. 30. Requirements for the installation, repair, inspection, and testing of fire protection systems.

(a) Equipment shall be listed by a nationally recognized testing laboratory, such as Underwriters Laboratories, Inc. or Factory Mutual Laboratories, Inc., or shall comply with nationally accepted standards. The State Fire Marshal shall adopt by rule procedures for determining whether a laboratory is nationally recognized, taking into account the laboratory's facilities, procedures, use of nationally recognized standards, and any other criteria reasonably calculated to reach an informed determination.

(b) Equipment shall be installed in accordance with the applicable standards of the National Fire Protection Association and the manufacturer's specifications.

(c) The contractor shall furnish the user with operating instructions for all equipment installed, together with a diagram of the final installation.

(d) All fire sprinkler systems shall have a backflow prevention device or, in a municipality with a population over 500,000, a double detector check assembly installed by a licensed plumber before the fire sprinkler system connection to the water service. Connection to the backflow prevention device or, in a municipality with a population over 500,000, a double detector assembly shall be done in a manner consistent with the Department of Public Health's Plumbing Code.

(e) This licensing Act is not intended to require any additional fire inspections at State level.

(f) Inspections and testing of existing fire sprinkler systems and control equipment must be performed by a licensee or an individual employed or contracted by a licensee. Any individual who performs inspection and testing duties under this subsection (f) must possess proof of (i) certification by a nationally recognized certification organization at an appropriate level, such as NICET Level II in Inspection and Testing of Water Based Systems or the equivalent, by January 1, 2009 or (ii) satisfactory completion of a certified sprinkler fitter apprenticeship program approved by the U.S. Department of Labor. State employees who perform inspections and testing on behalf of State institutions and who meet all other requirements of this subsection (f) need not be licensed under this Act or employed by a licensee under this Act in order to perform inspection and testing duties under this subsection (f). The requirements of this subsection (f) do not apply to individuals performing inspections or testing of fire sprinkler systems on behalf of a municipality, a county, a fire protection district, or the Office of the State Fire Marshal. This subsection (f) does not apply to cursory weekly and monthly inspections of gauges and control valves conducted in accordance with the standards of the National Fire Protection Association.

A copy of the inspection report for an inspection performed pursuant to this subsection (f) must be forwarded by the entity performing the inspection to the local fire department or fire protection district in which the sprinkler system is located. The inspection report must include the NICET Level II Inspection and Testing of Water Based Systems certification number or journeymen number of the person performing the inspection.

(Source: P.A. 96-256, eff. 1-1-10; 97-112, eff. 7-14-11.)

(Text of Section after amendment by P.A. 101-626)

Sec. 30. Requirements for the installation, repair, inspection, and testing of fire protection systems.

(a) Equipment shall be listed by a nationally recognized testing laboratory, such as Underwriters Laboratories, Inc. or Factory Mutual Laboratories, Inc., or shall comply with nationally accepted standards. The State Fire Marshal shall adopt by rule procedures for determining whether a laboratory is nationally recognized, taking into account the laboratory's facilities, procedures, use of nationally recognized standards, and any other criteria reasonably calculated to reach an informed determination.

(b) Equipment shall be installed in accordance with the applicable standards of the National Fire Protection Association and the manufacturer's specifications.

(c) The contractor shall furnish the user with operating instructions for all equipment installed, together with a diagram of the final installation.

(d) All fire sprinkler systems shall have a backflow prevention device or, in a municipality with a population over 500,000, a double detector check assembly installed by a licensed plumber before the fire sprinkler system connection to the water service. Connection to the backflow prevention device or, in a municipality with a population over 500,000, a double detector assembly shall be done in a manner consistent with the Department of Public Health's Plumbing Code.

(e) This licensing Act is not intended to require any additional fire inspections at State level.

(f) Before January 1, 2022, inspection and testing of existing fire sprinkler systems and control equipment must be performed by a licensee or an individual employed or contracted by a licensee. Any individual who performs inspection and testing duties under this subsection (f) must possess proof of (i) certification by a nationally recognized certification organization at an appropriate level, such as NICET Level II in Inspection and Testing of Water Based Systems or the equivalent, (ii) a valid ASSE 15010 certification in "inspection, testing and maintenance for water-based fire protection systems", or (iii) satisfactory completion of a certified sprinkler fitter apprenticeship program approved by the U.S. Department of Labor. State employees who perform inspections and testing on behalf of State institutions and who meet all other requirements of this subsection (f) need not be licensed under this Act or employed by a licensee under this Act in order to perform inspection and testing duties under this subsection (f). The requirements of this subsection (f) do not apply to individuals performing inspections or testing of fire sprinkler systems on behalf of a municipality, a county, a fire protection district, or the Office of the State Fire Marshal. This subsection (f) does not apply to a stationary engineer, operating engineer, or other individual employed on a full-time basis by the facility owner or owner's representative performing weekly and monthly inspections and tests in accordance with applicable National Fire Protection Association standards.

Before January 1, 2022, a copy of the inspection report for an inspection performed pursuant to this subsection (f) must be forwarded by the entity performing the inspection to the local fire department or fire protection district in which the sprinkler system is located. The inspection report must include the NICET Level II Inspection and Testing of Water Based Systems certification number, ASSE 15010 certification number for "inspection, testing and maintenance for water-based fire protection systems", or journeymen number of the person performing the inspection.

After December 31, 2021, inspection and testing of existing fire sprinkler systems and control equipment must be performed by a licensee or an individual employed or contracted by a licensee. Any individual who performs inspection and testing duties under this subsection (f) must possess, on his or her person, a photo identification card issued by the State Fire Marshal as proof that the individual is in compliance with this Act and must possess proof of (i) certification by a nationally recognized certification organization at an appropriate level, such as NICET Level III in Inspection and Testing of Water Based Systems or the equivalent, (ii) a valid ASSE 15010 certification in "inspection, testing and maintenance for water-based fire protection systems", or (iii) satisfactory completion of a certified sprinkler fitter apprenticeship program approved by the United States Department of Labor. The photo identification card shall be issued by the State Fire Marshal annually at a fee determined by the State Fire Marshal by rule. State employees who perform inspections and testing on behalf of State institutions and who meet all other requirements of this subsection (f) need not be licensed under this Act or employed by a licensee under this Act in order to perform inspection and testing duties under this subsection (f). The requirements of this subsection (f) do not apply to individuals performing inspections or testing of fire sprinkler systems on behalf of a municipality, a county, a fire protection district, or the Office of the State Fire Marshal. This subsection (f) does not apply to a stationary engineer, operating engineer, or other individual employed on a full-time basis by the facility owner or owner's representative performing weekly and monthly inspections and tests in accordance with applicable National Fire Protection Association standards.

All inspections and testing of fire sprinkler systems and control equipment must be recorded on an inspection report or testing form that shall include information as recommended by the National Fire Protection Association's NFPA 25. The contents of the inspection report shall be established by the State Fire Marshal by rule and shall include the license number of the licensee performing the inspection and the ASSE 15010 certification number for "inspection, testing and maintenance for water-based fire protection systems" or the NICET Level III "inspection and testing of water based systems" certification number or journeymen number of the person performing the inspection.

All fire sprinkler systems, upon completion of inspection and testing, must be affixed with a preprinted label bearing the name of the person performing the inspection and the license number of the licensee performing the inspection. The label required under this Section shall include information established by the Office of the State Fire Marshal.

After December 31, 2021, a copy of the inspection report for an inspection performed pursuant to this subsection (f) must be forwarded by the entity performing the inspection to (i) the local fire department or fire protection district in which the sprinkler system is located and (ii) the Office of the State Fire Marshal. The inspection report must include the NICET Level III Inspection and Testing of Water Based Systems certification number, ASSE 15010 certification number for "inspection, testing and maintenance for water-based fire protection systems", or journeymen number of the person performing the inspection.

(Source: P.A. 101-626, eff. 6-1-20.)

(225 ILCS 317/35)

Sec. 35. Fees, renewals, continuing education, and required insurance.

(a) The fees for an original license, inspection form, photo identification card, and each renewal and for duplicate copies of licenses shall be determined by the State Fire Marshal by rule.

(b) Each license must be renewed every 2 years. Each licensee must complete 16 hours of continuing education in the 2-year period following his or her renewal or initial licensure after the effective date of this amendatory Act of the 97th General Assembly. Current licensure as a professional engineer or proof of current NICET certification in Level III or IV shall satisfy this requirement for designated certified persons. Continuing education offered through nationally recognized building and fire code organizations and their affiliates; nationally recognized fire sprinkler organizations and their affiliates; institutions of higher education; educational bodies specializing in automatic fire suppression system technology; as well as other entities approved by the State Fire Marshal shall be also acceptable. All continuing education entities seeking to be approved providers of continuing education shall make application to the State Fire Marshal and offer programs that:

(1) contribute to the advancement, extension, or enhancement of the professional skills or technical knowledge of the licensee in the practice of fire sprinkler contracting; and

(2) are developed and presented by persons with education or experience in the subject manner of the program.

(c) Any person who fails to file a renewal application by the date of expiration of a license shall be assessed a late filing charge, which shall be determined by the State Fire Marshal by rule.

(d) All fees shall be paid by check or money order. Any fee required by this Act is not refundable in the event that the original application or application for renewal is denied.

(e) Every application for an original license shall be accompanied by a certificate of insurance issued by an insurance company authorized to do business in the State of Illinois or by a risk retention or purchasing group formed pursuant to the federal Liability Risk Retention Act of 1986, which provides primary, first dollar public liability coverage of the applicant or licensee for personal injuries for not less than $500,000 per person or $1,000,000 per occurrence, and, in addition, for not less than $1,000,000 per occurrence for property damage. The insurance policy shall be in effect at all times during the license year and a new certificate of insurance shall be filed with the State Fire Marshal within 30 days after the renewal of the insurance policy.

(Source: P.A. 97-112, eff. 7-14-11.)

(225 ILCS 317/50)

Sec. 50. Powers and duties of the State Fire Marshal. The State Fire Marshal has all of the following powers and duties:

(a) To prescribe and furnish application forms, licenses, and any other forms necessary under this Act.

(b) To suspend, revoke, or refuse to issue or renew licenses for cause.

(c) To conduct hearings concerning the suspension, revocation, or refusal to issue or renew licenses.

(d) To levy and collect fines pursuant to this Act.

(e) To promulgate rules and regulations necessary for the administration of this Act.

(f) To establish a database of all fire sprinkler systems, inspection records, and persons involved in the inspection or testing of existing fire sprinkler systems or control equipment.

(Source: P.A. 92-871, eff. 1-3-03.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

Section 99. Effective date. This Act takes effect January 1, 2021.